Staff Lead:

Department:

A Resolution Denying SPEX04-MA-020, A Category 20 Special
Exception to Allow for the Construction of an Above Ground
Water Storage Silo

Topic Description:

The purpose
of this Special Exception is to obtain approval for the
construction of an above ground water storage silo. Water
service in Marshall is currently provided by the privately
held Marshall Water Works. The system has a long history of
low water pressure and inadequate water flow. There is not
enough flow to provide fire protection anywhere in the
Marshall Service District. The Service District Plan
discusses comprehensive upgrades to the water system to
improve quality, pressure and fire flow. The Fauquier
County Water and Sanitation Authority (WSA) will ultimately
own and operate the system. Initially, the needed
improvements will require coordinated investment from both
public and private participants.

The
Marshall Water Works is drilling two new wells (17/66
Industrial Park area) for the new water system to provide
ample water supply. However, adequate storage facilities
are required as the peak periods of water use will likely
surpass the expected level of production (i.e., water pumped
during off-peak periods would be stored). These storage
facilities must be properly designed to balance pressure
across the system. For Marshall, this means two storage
tanks; one at the well site (already approved at the 17/66
location) and another in the western part of the Service
District.

The tank at
the industrial park will be a typical large pedestal style
municipal tower. It will be the primary storage unit and
its height will make it the main source of water pressure.
Once the wells and tank construction are completed, or
sooner, the WSA intends to take control of the water
distribution system. WSA will continue system improvements,
such as replacing distribution lines. Then the next phase
would be to add the second tank. One alternative site is
the proposed Cannon Ridge Water Storage Silo, which would
assist in the completion of the entire community water
distribution system.

The
Applicant intends to place an above ground water storage
tank, described as an “Aqua Store” silo structure that is
approximately 80 feet in height at the proposed location in
the Marshall District. WSA already owns the proposed tank,
so it can be used for this purpose at no additional cost to
customers. However, for engineering reasons, the silo must
be located at a specified elevation; the 730 foot
topographic contour.

The
Applicant’s Representative, the consulting firm Carson
Harris, indicated in the Statement of Justification for the
Special Exception that within the Marshall Service District
the proposed site at the western end of the Service District
on the south side of West Main Street (Route 55) is the only
location that meets that elevation requirement for this silo
tank. Carson Harris also noted that the nearest alternative
location is northwest of the Marshall Middle School site off
Zulla Road in the vicinity of Stony Hill Lane. A third
alternative, outside of the Service District, is over three
miles away from the preferred site. It is near the
District’s western boundary and it would require significant
cost to WSA for additional piping. WSA noted that these
options would require larger tower type facilities to meet
both the storage and hydraulic pressure requirements needed
to balance the pressure within the system.

The
developer of Cannon Ridge has offered WSA the proposed site
at no cost. The developer has also offered to move the
WSA-owned water silo and reconstruct it at the Cannon Ridge
site. The site is a 50 foot by 50 foot lot, however actual
site grading will be limited to the structures 29-foot
radius “footprint.” The Applicant intends to minimize tree
clearing. The lot will be accessed for service and
maintenance via a 25-foot ingress/egress easement with a
12-foot gravel travel way. The easement will also contain
the water main connecting the storage silo to the Cannon
Ridge subdivision and adjacent properties. Both the silo
and the road are within the open space area to be controlled
by the Cannon Ridge Homeowners Association. The portion of
the land that contains the tower will become fee simple
ownership (for WSA) and then require classification from
“common” to “dedicated” open space.

The Cannon
Ridge Subdivision has an approved Special Exception
(SPEX03-MA-016) for a reduction in open space for the
subdivision. That Special Exception would require an
amendment to further reduce the open space requirements so
that the water storage silo can be placed at the Applicant’s
proposed (preferred) location. According to Section 2-309
of the Fauquier County Zoning Ordinance:

“…No part of the open space in any development shall be
subsequently reduced below the minimum requirements of the
Ordinance. [Note that the computation of open space
areas is based upon 6 rules; one of which is listed below]

5.In no instance shall open space credit be given for
lands which are included in or reserved for the right-of-way
of any street, or for any public facility except as
qualified in the paragraphs above. With respect to
public utilities, the “paragraphs above” do not consider it
as part of open space, except as part of utility easements,
and then only when the remaining portions of the easements
are dedicated for recreation/open space use.” (2-309.4).

After conducting a public hearing, the Planning Commission
has recommended that the Board of Supervisors deny the
amendment to Special Exception SPEX04-MA-020 and its request
for the construction of an above ground water storage silo.

Land Area, Location and Zoning:

The
property, which is in the Marshall Service District, is
located off Main Street in Marshall, Virginia; across from
the Marshall Rescue Squad and east of Lunceford Lane,
Marshall District. The property is zoned R-2
(Residential). A map of the property is shown below.

Neighboring Zoning/Land Use:

The property is bordered by parcels zoned R-4 (Residential),
RA (Rural Agricultural) and C-1 (Commercial-Neighborhood).
The predominant land use is residential and the property is
also adjacent to Marshall’s Main Street (central business
district).

Staff
Analysis:

Staff and the appropriate referral agencies have reviewed
this request for conformance with the Comprehensive Plan,
the Zoning Ordinance, and other relevant policies and
regulations. Staff and referral agency findings, comments,
and recommendations are summarized below. The actual
responses from referral agencies are included as
attachments.

The Fauquier County Water and Sanitation Authority (WSA)
proposes to locate a water storage facility on Stephenson
Hill (per local historian Eugene Scheel), or otherwise known
as Cannon Ridge, in the south-west quadrant of Marshall.
This small hill was identified in the Marshall Citizen
Committee VISION exercise as an important cultural and
environmental resource to the community, and had a military
significance associated with the Civil War. Accordingly,
the Marshal Service District Comprehensive Plan identifies
Stephenson Hill as a preserved area, and such was given
consideration during recent subdivision approval of this
parcel. Given the importance of Stephenson Hill/Cannon
Ridge to the community, any public facility proposed to be
located in this area should be given particular scrutiny to
this regard and, if located, the facility should be very
unobtrusive.

Zoning and Land Use

The property is currently zoned
Residential (R-2). Consistent with this zoning category,
this property is located in a district that contains similar
zoning and parcels, which are also within the Service
District. The property is bound on 3 sides by parcels that
are zoned Residential (R-4) and on one side is Rural
Agricultural (RA).

Zoning

1.A Major Site Plan consistent with Article 12 of the
Fauquier County Zoning Ordinance and all applicable
conditions set forth in the Special Exception must be
submitted for approval prior to obtaining building and
zoning permits.

2.This application cannot be approved unless a Special
Exception to reduce the required open space for the Cannon
Ridge Subdivision is first approved by the Board. The
Cannon Ridge Subdivision has an existing Special Exception
which reduced their open space requirement from 50% to 44%,
and because this proposed tower further reduces the open
space, another Special Exception approval is required.
Section 2-309 specifically prohibits credit being given for
open space for this type of public facility.

Soils/Environmental

After
reviewing the above stated Special Exception application the
following comment is made:

Soils in proposed areas appear to be generally suitable.
However, shallow rock may be encountered requiring the use
of specialty equipment to dig footers.

Virginia
Department of Transportation

Summary of
VDOT comments:

The Warrenton Residency staff
reviewed the above referenced Special Exception for the
installation of a water storage silo, and note that the
entrance to the water silo may need to be combined with one
of the driveway entrances on Overlook Drive, because it
appears as if there is no separation between the driveways
on the cul-de-sac.

Summary and Recommendations:

Staff is
not in support of this Special Exception and recommends a
resolution to deny the request. Also note that this
application is directly linked to a Special Exception
amendment request for a further reduction in open space to
accommodate the water storage silo (SPEX03-MA-016).
Consideration of approval for this Special Exception first
requires the approval of the open space reduction Special
Exception Amendment or it cannot proceed. At its April 29,
2004 meeting, the Planning Commission recommended denial of
the open space reduction.

Since the
two Special Exceptions are linked, it is suggested that they
are treated in the same regard. Additionally, staff asks
the Board to take into consideration the historical
significance of this site and the sensitivity of the
proposed location. The proposed location sits upon the
highest point in Marshall, as well as one of historic
significance. It is an area that, albeit privately owned,
is of great importance to community residents. If the Board
should decide to approve the aforementioned request, staff
recommends maintaining the original conditions and
resolution, with the addition of the amendment to the text,
to reflect the change in open space (0.63 percent), and a
reduction to 43% versus the required 50% or the formerly
approved reduction of 44%.

Identify
any other Departments, Organizations or Individuals that
would be affected by this request: